London Government Act 1963

SCHEDULES

Section 1.

SCHEDULE 1 E+W The London Boroughs

Part I E+W

Areas etc. of the London boroughs E+W

1	2	3
Reference number of London borough	Area by reference to existing administrative areas	Initial number of councillors on Greater London Council
1	The metropolitan boroughs of Westminster, Paddington and St. Marylebone.	4
2	The metropolitan boroughs of Hampstead, Holborn and St. Pancras.	3
3	The metropolitan boroughs of Finsbury and Islington.	3
4	The metropolitan boroughs of Hackney, Shoreditch and Stoke Newington.	3
5	The metropolitan boroughs of Bethnal Green, Poplar and Stepney.	2
6	The metropolitan borough of Greenwich and so much of the metropolitan borough of Woolwich as lies south of the boundary referred to in paragraph 1 of Part II of this Schedule.	3
7	The metropolitan boroughs of Deptford and Lewisham.	4
8	The metropolitan boroughs of Bermondsey, Camberwell and Southwark.	4
9	The metropolitan borough of Lambeth and so much of the metropolitan borough of Wandsworth as lies east of the boundary referred to in paragraph 2 of Part II of this Schedule.	4
10	The metropolitan borough of Battersea and so much of the metropolitan borough of Wandsworth as lies west of the boundary referred to in paragraph 2 of Part II of this Schedule.	4
11	The metropolitan boroughs of Fulham and Hammersmith.	3
12	The metropolitan boroughs of Chelsea and Kensington.	3
13	The boroughs of Chingford, Leyton and Walthamstow.	3.
14	The borough of Ilford, the borough of Wanstead and Woodford, so much of the borough of Dagenham as lies north of the boundary referred to in paragraph 3 of Part II of this Schedule, and so much of the urban district of Chigwell as lies south of the boundary referred to in paragraph 4 of the said Part II.	3
15	The borough of Romford and the urban district of Hornchurch.	3
16	So much of the borough of Barking as lies east of the boundary referred to in paragraph 5 of Part II of this Schedule, and so much of the borough of Dagenham as lies south of the boundary referred to in paragraph 3 of the said Part II.	2
17	The county boroughs of East Ham and West Ham, so much of the borough of Barking as lies west of the boundary referred to in paragraph 5 of Part II of this Schedule and so much of the metropolitan borough of Woolwich as lies north of the boundary referred to in paragraph 1 of the said Part II.	3
18	The boroughs of Bexley and Erith, the urban district of Crayford, and so much of the urban district of Chislehurst and Sidcup as lies north of the boundary referred to in paragraph 6 of Part II of this Schedule.	3
19	The boroughs of Beckenham and Bromley, the urban districts of Orpington and Penge, and so much of the urban district of Chislehurst and Sidcup as lies south of the boundary referred to in paragraph 6 of Part II of this Schedule.	4
20	The county borough of Croydon and the urban district of Coulsdon and Purley.	4
21	The borough of Beddington and Wallington, the borough of Sutton and Cheam and the urban district of Carshalton.	2
22	The boroughs of Mitcham and Wimbledon and the urban district of Merton and Morden.	2
23	The borough of Kingston-upon-Thames, the borough of Malden and Coombe and the borough of Surbiton.	2
24	The boroughs of Barnes, Richmond and Twickenham.	2
25	The borough of Brentford and Chiswick, the borough of Heston and Isleworth, and the urban district of Feltham.	3
26	The borough of Uxbridge, the urban district of Hayes and Harlington, the urban district of Ruislip-Northwood, and the urban district of Yiewsley and West Drayton.	3
27	The boroughs of Acton, Ealing and Southall	4
28	The boroughs of Wembley and Willesden	4
29	The borough of Harrow	3
30	The boroughs of Finchley and Hendon, and the urban districts of Barnet, East Barnet and Friern Barnet.4	4
31	The boroughs of Hornsey, Tottenham and Wood Green.	3
32	The boroughs of Edmonton, Enfield and Southgate.	3

Part II E+W

Definition of certain boundaries E+W

1 E+W The boundary between the London boroughs numbered 6 and 17 respectively in Part I of this Schedule in the existing metropolitan borough of Woolwich shall be the line for the time being of the centre of the navigable channel of the River Thames at low water.

2 E+W The boundary between the London boroughs numbered 9 and 10 respectively in the said Part I in the existing metropolitan borough of Wandsworth shall be such as the Minister may by order determine on or near the general line of Hazelbourne Road, Cavendish Road, the railway between Balham and Streatham Common stations and the railway between Streatham and Mitcham Junction stations.

3 E+W The boundary between the London boroughs numbered 14 and 16 respectively in the said Part I in the existing borough of Dagenham shall be such as the Minister may by order determine on or near the general line of Billet Road.

4 E+W The boundary of the London borough numbered 14 in the said Part I in the existing urban district of Chigwell shall be a line beginning where the eastern boundary of the railway from Ilford to Woodford crosses the existing urban district boundary and running northwards along that eastern boundary to the southern edge of the footway on the south side of Manor Road, thence north-eastwards along that southern edge to the eastern boundary of No. 251 Manor Road, thence south-eastwards along that eastern boundary and in a straight line in continuation thereof to the northern boundary of the London county council’s Hainault estate, thence north-eastwards along that northern boundary to the western edge of the footway on the western side of Romford Road, and thence south-eastwards along that western edge to the point where it crosses the existing urban district boundary.

5 E+W The boundary between the London boroughs numbered 16 and 17 respectively in the said Part I in the existing borough of Barking shall be such as the Minister may by order determine on or near the general line of the River Roding and Barking Creek.

6 E+W The boundary between the London boroughs numbered 18 and 19 respectively in the said Part I in the existing urban district of Chislehurst and Sidcup shall be such as the Minister may by order determine on or near the general line of route A.20.

Part III E+W

1—8. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 1 Pt. III repealed by Local Government Act 1972 (c. 70), Sch. 30

SCHEDULE 2 E+W . . . F2

Textual Amendments

F2 Sch. 2 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Section 8

SCHEDULE 3 E+W Parliamentary and Local Government Elections in and around Greater London

1—15. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 3 paras. 1–15, 17–20, 25, 26, 28–30 repealed by Local Government Act 1972 (c. 70), Sch. 30

16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 3 Pt. I para. 16 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s.206, Sch. 9 Pt. II

17—20. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 3 paras. 1–15, 17–20, 25, 26, 28–30 repealed by Local Government Act 1972 (c. 70), Sch. 30

21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 3 Pt. II para. 21 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 89), ss. 8, 9(2), Sch. 4

22—24. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 3 Pt. II paras. 22–24 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Part III E+W Modifications of Representation of the People Act 1949

25, 26. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 3 paras. 1–15, 17–20, 25, 26, 28–30 repealed by Local Government Act 1972 (c. 70), Sch. 30

27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 3 Pt. III paras. 27, 32, 33, 35 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II

28—30. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 3 paras. 1–15, 17–20, 25, 26, 28–30 repealed by Local Government Act 1972 (c. 70), Sch. 30

31—33. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 3 Pt. III paras. 27, 32, 33, 35 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II

34 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 3 para. 34 repealed by Local Government Act 1972 (c. 70), Sch. 30

35 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 3 Pt. III paras. 27, 32, 33, 35 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II

36 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Sch. 3 para. 36 repealed by Representation of the People Act 1969 (c. 15), Sch. 3 Pt. I

SCHEDULE 4 E+W . . . F15

Textual Amendments

F15 Sch. 4 repealed by Local Government Act 1972 (c. 70), Sch. 30

SCHEDULE 5 E+W . . . F16

Textual Amendments

F16 Sch. 5 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

SCHEDULE 6 E+W . . . F17

Textual Amendments

F17 Sch. 6 repealed by Highways Act 1980 (c. 66, SIF 59), s. 43(3), Sch. 25

SCHEDULE 7 E+W . . . F18

Textual Amendments

F18 Sch. 7 repealed by Transport (London) Act 1969 (c. 35), Sch. 6

SCHEDULE 8 E+W . . . F19

Textual Amendments

F19 Sch. 8 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

SCHEDULE 9 E+W Modification and Re-enactment as from 1st April 1965 of Enactments Relating to Sewerage and Drainage

Part I E+W

1—4. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

Part II E+W M1 Specific modifications of Sewerage Provisions of Public Health Act 1936

Marginal Citations

M1 1936 c. 49.

1—4. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 Sch. 9 Pt. II para. 5 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F23 Sch. 9 Pt. II para. 6 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

7—10. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

11 In section 30 the reference to Part II of the Public Health Act 1936, and in section 31 the reference to the foregoing provisions of the said Part II, shall be construed as including references to Part III of this Schedule.

12—16. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F25 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

17 In the provisions of Part XII mentioned in section 37 (1) of this Act any reference to the M2 Public Health Act 1936 shall include a reference to Part V of this Act (including Part III of this Schedule).

Marginal Citations

M2 1936 c. 49.

18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Textual Amendments

F26 Sch. 9 Pt. II para. 18 repealed by Building Act 1984 (c. 55, SIF 15), ss. 133(2), 134, 135, Sch. 7

19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

Part III E+W M3 Provisions Reproduced from Part II of Public Health (London) Act 1936

Marginal Citations

M3 1936 c. 50.

Construction, maintenance and operation of sewers, etc. E+W

1 (1) For the purpose of exercising their functions under the enactments mentioned in section 37 (1) of this Act, the Greater London Council may construct a public sewer—

(a) in, under or over any street, or in or under any cellar or vault below any street;

(b) in, on or over any land not forming part of a street; and

(c) in, under or over the bed, banks or shores of the River Thames.

(2) Where the Greater London Council propose in the exercise of their powers under this paragraph to construct a sewer which will cross or interfere with any watercourse or works vested in, or under the control of, a land drainage authority other than the Council or the council of a London borough or county district, they shall before adopting plans for the construction of the sewer give notice of their proposals to that authority; and if that authority within twenty-eight days of the giving of the notice to them serve on the Greater London Council notice of objection to the proposals, the Council shall not proceed with the proposals unless all objections so made are withdrawn or the Minister after a local inquiry has approved the proposals with or without modification.

(3) [F28 Section 29(1) of the Land Drainage Act 1976] (which requires the consent of a river authority to the erection, alteration or repair of structures in, over or under watercourses) shall not apply to any work executed under this paragraph.

(4) The foregoing provisions of this paragraph shall not be construed as exempting the Council from compliance with any relevant requirement imposed by or by virtue of section 279 or any other provision of Part XII of the M4 Public Health Act 1936 or by or by virtue of the M5 Public Utilities Street Works Act 1950.

(5) Except where notice has to be given by the Greater London Council in pursuance of sub-paragraph (2) of this paragraph or of any requirement mentioned in sub-paragraph (4) thereof, no notice need be given by them of any exercise of the powers conferred by this paragraph.

Textual Amendments

F28 Words substituted by Land Drainage Act 1976 (c. 70, SIF 73:1), s. 117(2), Sch. 7 para. 3

Marginal Citations

M4 1936 c. 49.

M5 1950 c. 39.

2 (1) Where any sewer or part of a sewage disposal works vested in the Greater London Council interrupts or will interrupt communications between any premises and any other land or between several parts of the same premises, the Greater London Council may construct such bridges, arches, roads, passages or culverts as they think appropriate for restoring or preserving those communications or may instead pay such compensation to the owners and occupiers of the premises affected as may be agreed with them or as may be just.

(2) Without prejudice to any duty imposed on them by any other enactment, any bridges, arches, roads, passages or culverts constructed in pursuance of this paragraph shall be maintained by the Greater London Council.

3 No works under or over the main navigable channel of the River Lee shall be executed by the Greater London Council in pursuance of the enactments mentioned in section 37 (1) of this Act or in pursuance of this Part of this Schedule, unless—

(a) in the case of any work under the navigation, the top of the work is at least twelve feet below high water, Trinity standard, and

(b) in the case of any work over any part of the navigation, the soffit of the work is at least eight feet six inches above high water, Trinity standard, with a clear span over the river, inclusive of the towing path thereof, of at least fifty-four feet:

Provided that the British Waterways Board, upon the application of the Greater London Council, may allow a variation of the said dimensions or any of them.

4 (1) Notwithstanding anything in sections 30, 31 and 331 of the M6 Public Health Act 1936, the Greater London Council—

(a) may cause storm water to be discharged from any sewer or pumping station for the time being vested in them into Channelsea river or Abbey creek or both, at any point in the London borough numbered 17 in Part I of Schedule 1 to this Act south of the bridge carrying Abbey road over that river or, as the case may be, that creek; and

(b) may permit any storm water discharged under this paragraph into the said river or creek to flow thence into Bow Creek and thence into the River Thames:

Provided that the Greater London Council—

(i)

shall cause the storm water to be discharged only at such times and in such manner as may be necessary to prevent the flooding of places and premises within the sewerage area of the Greater London Council; and

(ii)

shall take all steps to avoid, so far as practicable, the creation of any nuisance in Channelsea river or Abbey creek by reason of the exercise of the powers of the Council under this paragraph.

(2) The Greater London Council shall, at the request of the British Waterways Board, cause to be removed at the expense of the Council, by dredging or otherwise to the reasonable satisfaction of the engineer of the said Board, any deposit on the bed of Channelsea river or Abbey creek caused by, or arising from, the discharge by the Council of storm water into the said river or creek under this paragraph.

Any dispute arising, under this sub-paragraph between the Greater London Council and the British Waterways Board shall be determined by an arbitrator, who shall, in default of agreement, be appointed by the Minister of Transport on the application of either party to the dispute.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F29 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

Marginal Citations

M6 1936 c. 49.

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

5

Textual Amendments

F30 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

6

Textual Amendments

F31 Sch. 9 Pt. III para. 6 repealed by S.I. 1987/798, reg. 3(3), Sch. 4 Pt. I

F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

7, 8.

Textual Amendments

F32 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

9 The Greater London Council or the council of an inner London borough may, so far as may be necessary for the execution in the sewerage area of the Council or in that borough, as the case may be, of any works by that council under the enactments mentioned in section 37 (1) of this Act or under this Part of this Schedule, close or stop up any street.

F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

10—12.

Textual Amendments

F33 Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

13—15.

Textual Amendments

F34 Sch. 9 Pt. III paras. 13–15 repealed by Building Act 1984 (c. 55, SIF 15), ss. 133(2), 134, 135, Sch. 7

Miscellaneous E+W

16 It shall be the duty of the council of a London borough or county district, the Common Council, the Sub-Treasurer or the Under-Treasurer, as the case may be, to cleanse every grating and gully in the borough, district, City, Inner Temple or Middle Temple, as the case may be, which satisfies all the following conditions, that is to say—

(a) it is vested in, or under the control of, the Greater London Council; and

(b) it is situate in a street which is not a metropolitan road; and

(c) it communicates with a sewer vested in the Greater London Council.

17 (1) The council of a London borough or county district may serve on the owner or occupier of any land abutting on a street vested in, or repairable by, the council a notice requiring him within the period of twenty-eight days beginning with the service of the notice to carry out such works on the land as may be specified in the notice for preventing soil or refuse from the land from entering any sewer or gully in the street in such quantities as to choke up the sewer or gully.

(2) If any person fails to comply with the requirements of a notice under this paragraph, he shall be liable to a fine not exceeding [F35 five pounds][F35 £200] and to a further fine not exceeding twenty shillings for every day on which the failure continues after conviction.

(3) Any person aggrieved by the requirements of any such notice may appeal to a magistrates’ court.

Textual Amendments

F35 “£200” substituted with effect in Greater London for “five pounds” by virtue of Greater London Council (General Powers) Act 1983 (c. iii) s. 3, Sch.

18 (1) If any person—

(a) knowingly erects or places any building, wall, bridge, fence, obstruction or encroachment in, on, over or under any sewer vested in the Greater London Council or in the council of an inner London borough; or

(b) obstructs, fills in or diverts any sewer or drain vested in or under the control of, the Greater London Council or the council of an inner London borough,

without the previous consent in writing of the council in whom the sewer or drain is vested or by whom it is controlled, then, without prejudice to any other proceedings which may be taken against him, that council—

(i) may recover from him, as a debt due from him to the council, a penalty not exceeding [F36 twenty pounds][F36 £200], and a further penalty not exceeding five pounds for every day on which the contravention continues after notice thereof has been served on him by the council; and

(ii) may demolish and remove the building, wall, bridge, fence, obstruction or encroachment, and execute any works necessary for re-opening, restoring, repairing or reinstating the sewer or drain, as the case may be, and may recover from the offender the expenses incurred by the council in so doing.

(2) Nothing in this paragraph shall prevent or impede the maintenance, repair or renewal of any building or works under which a sewer or drain has been constructed, so however that the building or works shall not injure or obstruct the sewer or drain.

[F37 (3) Nothing in this paragraph applies to the erection of a building or extension of a building if section 18 of the Building Act 1984 would apply if plans of that building or extension were, in accordance with building regulations, deposited with a local authority.]

Textual Amendments

F36 “£200” substituted with effect in Greater London for “twenty pounds” by virtue of Greater London Council (General Powers) Act 1983 (c. iii) s. 3, Sch.

F37 Sch. 9 Pt. III para. 18(3) added by S.I. 1987/798, reg. 3(2), Sch. 3 para. 2

19 If any person—

(a) removes, demolishes or otherwise interferes with any sewer or part of a sewer vested in the Greater London Council or in the council of a London borough or county district, without the previous consent in writing of the council concerned; or

(b) wilfully damages any sewer, bank, defence, wall, penstock, grating, gully, side entrance, tide valve, flap, work or thing vested in the Greater London Council or in the council of a London borough or county district; or

(c) does anything by reason of which the drainage of the sewerage area of the Greater London Council or any part thereof may be obstructed or damaged,

the council concerned may, without prejudice to any other proceedings which may be taken against that person, recover from him, as a debt due from him to the council, a penalty not exceeding twenty pounds, and also the amount of the expenses incurred by that council in repairing, restoring or reinstating the sewer or other work or thing removed, demolished, interfered with, damaged or obstructed, as the case may be.

20 (1) Every person found in, or attempting to enter, any sewer vested in the Greater London Council or in the council of a London borough or county district without the permission of the council in whom the sewer is vested, shall be liable to a fine not exceeding [F38 level 1 on the standard scale].

(2) Any person found in, or attempting to enter, any such sewer as aforesaid without the permission of the council in whom it is vested may be removed from the sewer by an officer of that council, and in the event of the name and address of that person not being known the officer may detain him and hand him over to a police constable.

Textual Amendments

F38 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

21 Without prejudice to the generality of the enactments relating to the acquisition of land by local authorities, the Greater London Council and the council of a London borough or county district may—

(a) purchase, or procure the removal of the whole or any part of, any structure, apparatus or other thing which interrupts or impedes sewerage or drainage, and purchase any land which it may be necessary or expedient to purchase for the purpose of preventing the obstruction of sewerage or drainage;

(b) purchase or take on lease the whole or any part of any stream or spring of water or any rights therein which it appears to them necessary to acquire and use for the purpose of cleansing sewers and drains or for any other purposes of Part II of the M7 Public Health Act 1936 or this Part of this Schedule;

(c) purchase or take on lease any land which the council consider it advisable to purchase or take on lease for the purpose or drawing or obtaining water from springs or by sinking of wells, and for making and providing reservoirs, tanks, aqueducts, water-courses and other works, or for any other purpose connected with the works for obtaining such supply of water as aforesaid:

Provided that nothing in this paragraph shall authorise any council to use any works executed by them under Part II of the Public Health Act 1936 or this Part of this Schedule, or permit such works to be used, for the purpose of carrying water by supply pipes into any house or factory for domestic manufacturing or commercial purposes.

Marginal Citations

M7 1936 c. 49.

SCHEDULE 10 E+W . . . F39

Textual Amendments

F39 Sch. 10 repealed by Water Act 1973 (c. 37), Sch. 9

Section 40.

SCHEDULE 11 E+W Modification and Re-enactment as from 1st April 1965 of Provisions of Public Health Acts

Part I E+W Modifications

Modifications etc. (not altering text)

C1 Sch. 11 Pt. I saved by Local Government Act 1972 (c. 70), s. 180(1)

General Modifications E+W

1 E+W Subject to the provisions of this Schedule, any reference in the enactments to which section 40 of this Act applies to the council of a county borough shall be construed as including a reference to the council of a London borough, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

2 E+W Subject as aforesaid, and without prejudice to the foregoing paragraph, any reference in the said enactments to the district of a local authority or urban authority shall be construed as including a reference to a London borough, the City, the Inner Temple and the Middle Temple and any reference to a borough or urban district shall be construed as including a reference to the City, the Inner Temple and the Middle Temple.

3—10. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Textual Amendments

F40 Sch. 11 Pt. I paras. 3–10, 15 repealed by Local Government Act 1972 (c. 70), Sch. 30

M8 The Public Health Act 1936 E+W

Marginal Citations

M8 1936 c. 49.

11 E+W Subject to the provisions of the Public Health Act 1936 . . . F41 and this Schedule, in any district in Greater London the duty imposed by section 1(1) of carrying the said Act of 1936 into execution shall, so far as relating to the enactments to which section 40 of this Act applies, be the duty of the local authority for that district.

Textual Amendments

F41 Words repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3 and also expressed as repealed by Building Act 1984 (c. 55, SIF 15), ss. 133(2), 134, 135, Sch. 7

12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F42 Sch. 11 Pt. I para. 12 repealed by Building Act 1984 (c. 55, SIF 15), ss. 133(2), 134, 135, Sch. 7

13 E+W Section 51 shall in its application to Greater London have effect as if any reference to a water closet included a reference to a urinal and as if that section required the occupier of every building in or in connection with which a urinal is provided to cause the urinal to be supplied with flushing apparatus.

14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F43 Sch. 11 Pt. 1 paras. 14, 16 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

15 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F44 Sch. 11 Pt. I paras. 3–10, 15 repealed by Local Government Act 1972 (c. 70), Sch. 30

16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 Sch. 11 Pt. 1 paras. 14, 16 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

17 E+W Byelaws made under section 81 with respect to Greater London may include provision for preventing the occurrence of nuisances from ice, salt, offal, carrion, fish or other matter as well as nuisance from the matters therein mentioned.

18 (1) Byelaws made under section 82(1) with respect to Greater London may make the like provision for the removal or carriage by water of faecal or offensive or noxious matter or liquid as may be made with respect to the removal or carriage thereof through the streets and may provide that any receptacle or any ship or other vessel used for the purpose shall be properly constructed and covered so as to prevent the escape of any such matter or liquid and so as to prevent any nuisance arising therefrom. E+W

X1 (2) In section 82(2) for the words from “a regulation” onwards there shall be substituted the words “an order under section 34 of the Road Traffic Act 1960 or section 10 (1) of the London Government Act 1963, and the order shall prevail”.

Editorial Information

X1 The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

Textual Amendments

F46 Sch. 11 Pt. I para. 19 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Textual Amendments

F47 Sch. 11 Pt. I para. 20 repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F48 Sch. 11 Pt. I para. 21 repealed by Building Act 1984 (c. 55, SIF 15), ss. 133(2), 134, 135, Sch. 7

22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

F49 Sch. 11 Pt. I paras. 22, 25 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 78, 79, Sch. 3

23 E+W In section 266(1)(i) the references to a land drainage authority shall include references to the Greater London Council.

24 E+W In Part XII—

(a) any reference to the Public Health Act 1936 shall include a reference to section 41 of this Act and this Schedule;

(b) any reference to a council shall be construed as including a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, except that any reference in any provision of Part XII to the clerk or any officer or authorised officer of the council shall, in relation to the Inner Temple or the Middle Temple, be construed as a reference to an officer authorised by the Sub-Treasurer or the Under-Treasurer, as the case may be, to act for the purposes of that provision;

(c) any reference to a local authority or the district of a local authority shall, so far as relating to any enactment under which the Greater London Council has functions, be construed as a reference to that Council or Greater London as the case may be.

25 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

F50 Sch. 11 Pt. I paras. 22, 25 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 78, 79, Sch. 3

M9 The Water Act 1945 E+W

Marginal Citations

M9 1945 c. 42.

26 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

F51 Sch. 11 Pt. I para. 26 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

27 In section 59 (1)—

(a) at the end of the definition of “district” there shall be inserted the words “and includes the Inner Temple and the Middle Temple”;

(b) in the definition of “local authority” after the words “county borough” there shall be inserted the words “London borough” and for the words “or the council of a metropolitan borough” there shall be substituted the words “the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple” ; and

(c) in the definition of “local enactment” for the word “London” there shall be substituted the words “Greater London and the surrounding area”.

Modifications etc. (not altering text)

C2 The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

28 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

F52 Sch. 11 Pt. I para. 28 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

F53 Sch. 11 Pt. I para. 29 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

M10 The Clean Air Act 1956 E+W

Marginal Citations

M10 1956 c. 52.

30 Any reference to building byelaws and building regulations shall, in relation to Greater London other than the outer London boroughs, be construed as a reference to byelaws made by the Greater London Council or the London county council under the M11 London Building Act (Amendment) Act 1935.

Marginal Citations

M11 1935 c. xcii.

31 In section 10 (1), for the words “the administrative county of London” there shall be substituted the words “Greater London or in an outer London Borough”.

Modifications etc. (not altering text)

C3 The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

32 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual Amendments

F54 Sch. 11 para. 32 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

M12 The Public Health Act 1961 E+W

Marginal Citations

M12 1961 c. 64.

X2 33 E+W In section 2 (3) after the word “district” there shall be inserted the words “the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple”.

Editorial Information

X2 The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

34—36. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

F55 Sch. 11 Pt. I paras. 34–36 repealed by Building Act 1984 (c. 55, SIF 15), ss. 133(2), 134, 135, Sch. 7

37 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Sch. 11 Pt. I para. 37 repealed by Highways Act 1980 (c. 66, SIF 59), s. 43(3), Sch. 25

38 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual Amendments

F57 Sch. 11 Pt. I para. 38 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

39 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Textual Amendments

F58 Sch. 11 Pt. I para. 39 repealed by Local Government Act 1972 (c. 70), Sch. 30

40 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

Textual Amendments

F59 Sch. 11 Pt. I para. 40 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

F60 Sch. 11 Pt. I para. 41 repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. XI

Part II E+W Provisions Reproduced from Enactments Relating to Public Health in London

Modifications etc. (not altering text)

C4 Sch. 11 Pt. II: power to transfer certain functions conferred by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 7(3)(c), 8(2)

1 (1) Without prejudice to sections 259 and 262 of the M13 Public Health Act 1936, but subject to the following provisions of this paragraph, if a local authority consider that in any premises a pond, pool, ditch, gutter or place containing, or used for the collection of, any drainage, filth, stagnant water or other matter is likely to be prejudicial to health or a nuisance, they may by notice require the owner or occupier of the premises to drain, cleanse, cover or fill up the pond, pool, ditch, gutter or place, or to construct a proper drain for the discharge of the matter, or to execute such other works as the circumstances may require. E+W

(2) The local authority may contribute towards the expenses incurred by any person in complying with a notice under this paragraph.

(3) Where any works required by a notice under this paragraph interfere with any right to the use of water, the local authority may, with the agreement of the person in whom the right is vested, acquire from him the right and any land for the benefit of which the right enures, instead of compensating him under section 278 of the Public Health Act 1936.

(4) The provisions of Part XII of the Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice given under this paragraph.

Marginal Citations

M13 1936 c. 49.

2, 3. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F61 Sch. 11 Pt. II paras. 2, 3 repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

[F62 4 E+W Byelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be.

Textual Amendments

F62 Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1

5 E+W It shall be the duty of each local authority to enforce in their district any byelaws under paragraphs 2 to 4 of this Part of this Schedule which are in force in their district.

Textual Amendments

F62 Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1

6 E+W The council of any London borough and the Common Council may make byelaws with respect to the following operations, except when carried out by a local authority . . . F63 and except so far as byelaws with respect thereto may be made under section 72 or 82 of the M14 Public Health Act 1936, that is to say—

(a) the removal of refuse from premises in the council’s area;

(b) the conveyance of refuse by rail, road or water from loading points in that area;

(c) the deposit of refuse in premises in that area pending its removal or disposal.

Textual Amendments

F62 Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1

F63 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Marginal Citations

M14 1936 c. 49.

7 E+W Any person who has in his possession or under his control any article of food which is unsound, unwholesome or unfit for human consumption may, by notice to the local authority, specifying and identifying the article, request its removal, and the local authority shall cause it to be removed as if it were trade refuse which they had undertaken to remove under section 73(1) of the Public Health Act 1936.

Textual Amendments

F62 Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1

8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F62 Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1

F64 Sch. 11 Pt. II para. 8 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 78, 79, Sch. 3

9 (1) Where it appears to a local authority, being the council of a London borough or the Common Council, that any land within the area of the authority is by reason of its derelict, neglected or unsightly condition detrimental to the amenities of the neighbourhood, the authority may, after serving notice of their proposals on the owner and on the occupier of the land and subject to sub-paragraph (3) of this paragraph, execute such works and do such other things as the authority consider expedient for the purpose of restoring or improving and thereafter preserving the appearance of the land: E+W

Provided that the works and other things which may be required to be executed or done under this paragraph shall not include the erection or maintenance of any building or the doing of anything in or upon any building, but may include the erection or maintenance of a hoarding or fence.

(2) Any person served with a notice under the foregoing sub-paragraph may, if aggrieved by the proposal specified in the notice, appeal to a magistrates’ court within the period of twenty-eight days beginning with the date of the service of the notice.

(3) A local authority may proceed with the proposals specified in a notice under sub-paragraph (1) of this paragraph if but only if—

(a) none of the persons on whom the notice was served has, within the said period of twenty-eight days, taken steps to implement the proposals himself or instituted an appeal against the proposals to a magistrates’ court; or

(b) any such steps begun to be taken by any such person within that period are not completed within a reasonable time; or

(c) any appeal instituted within that period has been dismissed or abandoned or failed for want of prosecution.

(4) Any expenses incurred by the local authority in removing any materials from any land in exercise of the powers conferred on them by this paragraph and the cost of selling any materials so removed may be deducted by the authority from the proceeds which they are required by section 276 of the M15 Public Health Act 1936 to pay to the person to whom the materials belonged.

(5) The foregoing provisions of this paragraph shall not be construed as prejudicing the powers exercisable by the Greater London Council under section 69 of the M16 London Building Acts (Amendment) Act 1939, or by the council of an outer London borough under [F65 section 79 of the Building Act 1984], or by the local planning authority under section 89 of the National Parks and Access to the M17 Countryside Act 1949.

Textual Amendments

F62 Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1

F65 Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 10

Marginal Citations

M15 1936 c. 49.

M16 1939 c. xcvii.

M17 1949 c. 97.

10 E+W Without prejudice to paragraph 24 of Part I of this Schedule, expressions used in this Part of this Schedule and the Public Health Act 1936 have the same meanings in this Part of this Schedule as in that Act.]

Textual Amendments

F62 Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1

Section 52.

SCHEDULE 12 E+W Licensing of Public Entertainments in Greater London on and after 1st April 1965

Modifications etc. (not altering text)

C5 Sch. 12 extended by Greater London Council (General Powers) Act 1978 (c. xiii), s. 3

Sch. 12 modified (20.9.2000) by 2000 c. vii, ss. 1(1), 22, Sch. 1

Sch. 12: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Music and dancing licences E+W

1 (1) Subject to sub-paragraph (6) of this paragraph no [F66 premises in a London borough or the City of London], whether or not licensed for the sale of intoxicating liquor, shall be used for any of the following purposes, that is to say, public dancing or music and any other public entertainment of the like kind, except under and in accordance with the terms of a licence granted under this paragraph by [F66 the council of that borough or the Common Council, as the case may be, and that council or the Common Council is in this Schedule referred to as “the Council”].

(2) The Council may grant to any applicant therefor and from time to time renew a licence for the use of any premises specified therein for all or any of the purposes aforesaid on such terms and conditions and subject to such restrictions as may be so specified.

(3) Subject to the next following sub-paragraph and to paragraph 19(3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10(4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(4) The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an “occasional music licence”.

(5) Where a licence has been granted under this paragraph to any person, the Council may, if they think fit, transfer that licence to any other person on the application of that other person or the holder of the licence.

(6) Sub-paragraph (1) of this paragraph shall not apply to the Theatre Royal Drury Lane, the Royal Covent Garden Opera House, the Theatre Royal Haymarket . . . F67 or to any entertainment lawfully held by virtue of letters patent or licence of the Crown . . . F68

[F69 (7) In this paragraph “premises” includes any place.]

Textual Amendments

F66 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(a)

F67 Words repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 49(1), Sch. 4

F68 Words repealed by Theatres Act 1968 (c. 54), Sch. 3

F69 Sch. 12 para. 1(7) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 2

2 (1) An applicant for the grant or transfer of a licence under paragraph 1 of this Schedule in respect of any premises shall give to the Council . . . F70 to the commissioner of police in whose district the premises are situated [F71 and to the London Fire and Civil Defence Authority (in this Schedule referred to as “the fire authority”)] not less than twenty-one days’ notice of his intention to make the application and furnish such particulars and give such other notices as the Council may by regulations prescribe.

(2) An applicant for the renewal of a licence under the said paragraph 1 shall give to the Council [F72 and the fire authority] twenty-eight days’ notice of his intention to make the application.

(3) In relation to an application for the grant, renewal or transfer of an occasional music licence, the two foregoing sub-paragraphs shall have effect as if for the reference to twenty-one or, as the case may be, twenty-eight days’ notice there were substituted a reference to fourteen days’ notice and as if the requirement as to notice to the commissioner of police were omitted.

Textual Amendments

F70 Word repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(b)

F71 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(b)

F72 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(c)

Valid from 01/05/1998

[F73 2A (1) This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated— E+W

(a) stating that there is a serious problem relating to the supply or use of controlled drugs at the premises or at any premises nearby which are controlled by the holder of the licence; and

(b) giving reasons for his view that there is such a problem.

(2) An application for the renewal or transfer of the licence may be refused by the Council on the ground that they are satisfied that not renewing or transferring it will significantly assist in dealing with the problem.

(3) The Council shall give the reasons for their refusal of the application to—

(a) the holder of the licence; and

(b) in the case of an application for the transfer of the licence, the person to whom the licence would have been transferred if the application had been granted.

(4) A person to whom reasons are given may make representations to the Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.

(5) After considering any representations, the Council shall (unless the date of expiry of the licence has passed) either—

(a) confirm the refusal of the application; or

(b) grant the application.

(6) The Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.

(7) In this paragraph “premises” includes any place.]

Textual Amendments

F73 Sch. 12 para. 2A inserted (1.5.1998) by 1997 c. 49, s. 2(3); S.I. 1998/1009, art. 2 (with art. 3)

3 E+W The person making an application for the grant, renewal or transfer of a licence under paragraph 1 of this Schedule shall (except where the licence is for an entertainment which in the opinion of the Council is of an educational or other like character or is given for a charitable or other like purpose) on making the application pay to the Council such fee as the Council may fix . . . F74

Textual Amendments

F74 Words repealed by Local Government Act 1974 (c. 7), s. 35, Sch. 6 para. 16, Sch. 8

Indoor sports licences E+W

[F75 3A (1) Subject to sub-paragraphs (2) and (3) below, no premises in a London borough or the City of London shall be used for any entertainment which consists of any sporting event to which the public are invited as spectators (a “sports entertainment”) except under and in accordance with the terms of a licence granted under this paragraph by the Council.

(2) Sub-paragraph (1) above does not require a licence in respect of any occasion when the sporting event which constitutes the entertainment is not the principal purpose for which the premises are used on that occasion; but this provision does not apply in relation to a sports complex.

(3) Sub-paragraph (1) above does not apply to a sports entertainment held in a pleasure fair.

(4) The Council may grant to any applicant, and from time to time renew, a licence for the use of any premises specified in it for any sports entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(5) Subject to the next following sub-paragraph and to paragraph 19(3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10(4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council think fit.

(6) The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an “occasional sports licence”.

(7) Where a licence has been granted under this paragraph to any person the Council may if they think fit transfer that licence to any other person on the application of that other person or the holder of the licence.

(8) In this paragraph—

• “premises” means any permanent or temporary building and any tent or inflatable structure and includes a part of a building where the building is a sports complex but does not include a part of any other building;

• “sporting event” means any contest, exhibition or display of any sport;

• “sports complex” means a building—

(a) which provides accommodation and facilities for both those engaging in sport and spectators, and

(b) the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and

“sport” includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form).]

Textual Amendments

F75 Sch. 12 paras. 3A-3C inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(1)

[F76 3B (1) An applicant for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule other than an occasional sports licence shall give to the Council, to the commissioner of police in whose district the premises to which the application relates are situated and to the fire authority not less than twenty-one days’ notice of his intention to make the application.

(2) An applicant for the grant, renewal or transfer of an occasional sports licence shall give to the Council and the fire authority not less than fourteen days’ notice of his intention to make the application.]

Textual Amendments

F76 Sch. 12 paras. 3A-3C inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(1)

[F77 3C E+W The person making an application for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule shall on making the application pay to the Council such fee as the Council may fix.]

Textual Amendments

F77 Sch. 12 paras. 3A-3C inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(1)

Boxing and wrestling licences E+W

4 (1) This paragraph shall apply to any boxing or wrestling entertainment (that is to say, any public contest, exhibition or display of boxing or, as the case may be, wrestling) which is provided [F78 wholly or mainly in the open air] in Greater London other than such an entertainment provided— E+W

(a) by a travelling showman at a pleasure fair;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(c) by members of the Boy Scouts’ Association or of any organisation constituted by the Boy Scouts’ Association in pursuance of their charter;

(d) by any school; or

(e) by a bona fide association, club, hospital or society not carried on for profit.

(2) A boxing or wrestling entertainment to which this paragraph applies shall not be given elsewhere than at premises licensed for the purpose in accordance with the provisions of this paragraph and in accordance with the terms of that licence.

(3) The Council may grant to any applicant therefor and from time to time renew a licence to use any premises specified therein for the purpose of a boxing or wrestling entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(4) Subject to the next following sub-paragraph and to paragraph 19 (3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10 (4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(5) The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an [F80 “occasional outdoor boxing or wrestling licence”].

(6) Where a licence has been granted under this paragraph to any person, the Council may if they think fit transfer that licence to any other person on the application of that other person or the holder of the licence.

[F81 (7) In this paragraph “premises” includes any place.]

Textual Amendments

F78 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 3(a)

F79 Sch. 12 para. 4(1)(b) repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), ss. 42(2), 49(1), Sch. 3 para. 3(a), Sch. 4

F80 Words substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 3(b)

F81 Sch. 12 para. 4(7) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 3(c)

5 (1) An applicant for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule other than an [F82 occasional outdoor boxing or wrestling licence] shall give to the Council . . . F83 to the commissioner of police in whose district the premises to which the application relates are situated [F84 and to the fire authority] not less than twenty-one days’ notice of his intention to make the application.

(2) An applicant for the grant, renewal or transfer of an [F82 occasional outdoor boxing or wrestling licence] shall give to the Council [F85 and the fire authority] not less than fourteen days’ notice of his intention to make the application.

Textual Amendments

F82 Words substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 4

F83 Word repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(d)

F84 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(d)

F85 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(e)

6 E+W The person making an application for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule shall on making the application pay to the Council such fee as the Council may fix . . . F86

Textual Amendments

F86 Words repealed by Local Government Act 1974 (c. 7), s. 35, Sch. 6 para. 16, Sch. 8

[F87 6A E+W Where, before the date of expiry of a licence granted under paragraph 1 [F88 , 3A]] or 4 of this Schedule, an application has been made for the renewal of that licence, the licence shall be deemed to remain in force notwithstanding that the date of expiry of the licence has passed, until the determination of the application by the Council or until the withdrawal of the application.

Textual Amendments

F87 Sch. 12 paras. 6A, 6B inserted by Greater London Council (General Powers) Act 1978 (c. xiii), s. 4

F88 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 5

[F89 6B E+W Where, before the date of expiry of a licence granted under paragraph 1 [F90 , 3A]] or 4 of this Schedule, an application has been made for the transfer of that licence, the licence shall be deemed to remain in force (with any necessary modifications) notwithstanding that the date of expiry of the licence has passed or that the applicant for such transfer is carrying on at the premises in respect of which the licence was granted the functions to which the licence relates, until the determination of the application by the Council or the withdrawal of the application.

Textual Amendments

F89 Sch. 12 paras. 6A, 6B inserted by Greater London Council (General Powers) Act 1978 (c. xiii), s. 4

F90 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 5

Transmission and cancellation of licences E+W

7 E+W In the event of the death of the holder of a licence granted under paragraph 1 [F91 , 3A] or 4 of this Schedule, then, until a legal personal representative of the deceased holder has been duly constituted, the person carrying on at the premises in respect of which the licence was granted the functions to which the licence relates shall be deemed to be the holder of the licence unless and until it is transferred to some other person.

Textual Amendments

F91 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 6

8 E+W The Council upon receiving from the holder of a licence under paragraph 1 [F92 , 3A] or 4 of this Schedule which is for the time being in force a written request in that behalf accompanied by the licence may cancel the licence.

Textual Amendments

F92 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 6

Power to impose general terms, conditions and restrictions by regulations E+W

9 (1) Subject to the provisions of this Schedule, the Council may make regulations prescribing generally the terms, conditions and restrictions on and subject to which licences under paragraph 1 [F93 , 3A] or 4 of this Schedule may be granted, renewed or transferred and, where any such regulations are made, then, without prejudice to the power of the Council to grant a licence on any special terms or conditions or subject to any special restrictions, every such licence shall be deemed to be granted subject to the regulations. E+W

(2) Prima facie evidence of any regulations under this paragraph may be given in any legal proceedings by the production of a copy purporting to be certified as a true copy by the clerk to the Council or some other officer of the Council authorised to give a certificate for the purposes of this paragraph, and no proof shall be required of the handwriting or official position or authority of any person giving such a certificate.

Textual Amendments

F93 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 7

Modifications etc. (not altering text)

C6 Sch. 12 para. 9: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Enforcement of paragraphs 1 to 9 E+W

Valid from 01/05/1998

[F94 9A (1) This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated— E+W

(a) stating that there is a serious problem relating to the supply or use of controlled drugs at the premises or at any premises nearby which are controlled by the holder of the licence; and

(b) giving reasons for his view that there is such a problem.

(2) The Council may—

(a) revoke the licence; or

(b) impose terms, conditions or restrictions on or subject to which it is to be held,

on the ground that they are satisfied that to do so will significantly assist in dealing with the problem.

(3) The Council shall give the reasons for their revocation of the licence, or the imposition of the terms, conditions or restrictions, to the holder of the licence who may make representations to the Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.

(4) After considering any representations, the Council shall (unless the date of expiry of the licence has passed) either—

(a) confirm that the licence remains revoked or continues to have effect on or subject to the terms, conditions or restrictions which have been imposed; or

(b) reinstate the licence or determine that it has effect free of those terms, conditions or restrictions.

(5) The Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.

(6) In this paragraph “premises” includes any place.]

Textual Amendments

F94 Sch. 12 para. 9A inserted (1.5.1998) by 1997 c. 49, s. 2(4); S.I. 1998/1009, art. 2 (with art. 3)

10 (1) If at any premises any entertainment in respect of which a licence is required under paragraph 1 [F95 , 3A] or 4 of this Schedule is provided without such a licence being held in respect thereof, then—

(a) any person concerned in the organisation or management of that entertainment; and

(b) any other person who, knowing or having reasonable cause to suspect that such an entertainment would be so provided at those premises—

(i) allowed the premises to be used for the provision of that entertainment; or

(ii) let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the entertainment has been committed,

shall be guilty of an offence.

[F96 (2) Subject to paragraph 11 of this Schedule, if—

(a) any person is the holder of a licence granted under the said paragraph 1 [F97 , 3A] or 4, under section 21 (Licensing of public exhibitions, etc.) of the Greater London Council (General Powers) Act 1966 or under section 5 (Licensing of entertainments booking offices) of the Greater London Council (General Powers) Act 1978 in respect of any premises which have been used in contravention of any term, condition or restriction on or subject to which the licence is held; or

(b) any other person who, knowing or having reasonable cause to suspect that the premises would be so used—

(i) allowed the premises to be so used; or

(ii) let the premises, or otherwise made the premises available, to any person who so used the premises;

he shall be guilty of an offence in respect of the contravention of each such term, condition or restriction.]

[F98 (3) Any person guilty of an offence under sub-paragraph (1) or (2) of this paragraph shall be liable on summary conviction

(a) in the case of an offence to which sub-paragraph (3A) of this paragraph applies, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months or to both;

(b) in any other case, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(3A) This sub-paragraph applies to

(a) any offence under sub-paragraph (1) of this paragraph where the entertainment provided is entertainment in respect of which a licence is required under paragraph 1 of this Schedule; and

(b) any offence under sub-paragraph (2) of this paragraph where the licence held is a licence granted under that paragraph and the term, condition or restriction which is contravened imposes a limit on the number of persons who may be present at the entertainment,

but excluding (in each case) any offence which would not be an offence if section 3 of the M18 Greater London Council (General Powers) Act 1978 (premises used for public entertainment consisting wholly or partly of human posing deemed to be premises used for public dancing) had not been enacted.]

(4) If the holder of a licence under the said paragraph 1 [F99 , 3A] or 4 is convicted by virtue of sub-paragraph (2) (a) of this paragraph, then, subject to paragraph 19 of this Schedule, the Council may revoke the licence.

[F100 (5) Where an offence under sub-paragraph (1) or (2) of this paragraph committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(6) Where the affairs of a body corporate are managed by its members, sub-paragraph (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.]

Textual Amendments

F95 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8

F96 Sch. 12 para. 10(2) substituted by Greater London Council (General Powers) Act 1979 (c. xxii), s. 3(a)

F97 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8

F98 Sch. 12 para. 10(3)(3A) substituted by Entertainments (Increased Penalties) Act 1990 (c. 20, SIF 45A), s. 1(1)

F99 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8

F100 Sch. 12 para. 10(5)(6) inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(3)

Marginal Citations

M18 1978 c.xiii.

11 E+W Where, in the case of any premises in respect of which a licence under paragraph 1 of this Schedule is for the time being in force, a special order of exemption on any special occasion has been granted in respect of those premises under section 107 of the M19 Licensing Act 1953, no person shall be guilty of an offence under paragraph 10 (2) of this Schedule by reason only of those premises being kept open on that special occasion for any of the purposes authorised by the licence after the latest hour so authorised by not later than the hour specified in that special order as the hour for closing.

Marginal Citations

M19 1953 c. 46.

Valid from 21/12/2002

[F101 11A (1) Sub-paragraph (2) below applies where— E+W

(a) a licence under paragraph 1 of this Schedule is for the time being in force in respect of any premises, and

(b) the Special Occasions licensing hours are (subject to any Special Occasions restriction order) added to the permitted hours in the premises.

(2) No person shall be guilty of an offence under paragraph 10(2) of this Schedule by reason only of the premises being kept open on New Year’s Eve for any of the purposes authorised by the licence after the latest hour so authorised.

(3) For the purposes of paragraph (2) above, “New Year’s Eve”—

(a) does not include any time specified in a Special Occasions restriction order as not to be added to the permitted hours, but

(b) otherwise, includes any period immediately following New Year’s Eve during which the Special Occasions licensing hours continue.

(4) Where, by virtue of a Special Occasions restriction order, the permitted hours together with any of the Special Occasions licensing hours to be added to them end at different times in different parts of the premises, each part shall be treated as separate premises for the purposes of this paragraph.

(5) In this paragraph expressions used in the Regulatory Reform (Special Occasions Licensing) Order 2001 shall have the same meaning as in that Order.]

Textual Amendments

F101 Sch. 12 para. 11A inserted (21.12.2002) by The Regulatory Reform (Special Occasions Licensing) Order 2002 (S.I. 2002/3205), art. 3

12 (1) A police constable or any person appointed for the purpose by the Council [F102 or the fire authority] may at all reasonable times enter any premises in respect of which a licence under paragraph 1 [F103 , 3A] or 4 of this Schedule is for the time being in force at which he has reason to believe that an entertainment to which [F104 any] of those paragraphs applies is being or is about to be given with a view to seeing whether the provisions of this Schedule applicable to that entertainment and the terms, conditions or restrictions on or subject to which the licence is held are complied with. E+W

(2) A police constable or any person appointed as aforesaid may, if authorised in that behalf by a warrant granted by a justice of the peace, enter any premises in respect of which he has reason to suspect that an offence under this Schedule is being committed.

(3) Any person who refuses to permit any such constable or person to enter or inspect any premises in accordance with the provisions of this paragraph shall for every such refusal be liable on summary conviction to a fine not exceeding [F105 level 3 on the standard scale].

Textual Amendments

F102 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(f)

F103 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 9

F104 Word substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 9

F105 Words substituted by virtue of Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 1(8)(b) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

[F106 12A E+W The provisions of paragraphs 12B and 12C of this Schedule shall have effect in Greater London other than in the outer London boroughs.]

Textual Amendments

F106 Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)

[F107 12B (1) Subject to sub-paragraph (2) of this paragraph, the court by or before which a person is convicted of an offence under sub-paragraph (1) or (2) of paragraph 10 of this Schedule may order any thing produced to the court, and shown to the satisfaction of the court to relate to the offence, to be forfeited and dealt with in such manner as the court may order. E+W

(2) The court shall not order any thing to be forfeited under the foregoing sub-paragraph where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.]

Textual Amendments

F107 Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)

[F108 12C E+W A constable or any person appointed for the purpose by the Council who enters any premises under the authority of a warrant granted under sub-paragraph (2) of paragraph 12 of this Schedule may seize and remove any apparatus or equipment or other thing whatsoever found on the premises which he has reasonable cause to believe may be liable to be forfeited under paragraph 12B of this Schedule.]

Textual Amendments

F108 Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)

13—16. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

Textual Amendments

F109 Sch. 12 paras. 13–16, 19(1)(a)(ii) repealed by Theatres Act 1968 (c. 54), Sch. 3

Provisional grant of licences E+W

17 (1) Where application is made to the Council for the grant of a licence under . . . F110 , . . . F111 paragraph 1 [F112 , 3A] or 4 of this Schedule in respect of premises which are to be, or are in the course of being, constructed, extended or altered and the Council are satisfied that the premises would, if completed in accordance with plans deposited in accordance with the requirements of the Council, be such that the Council would grant the licence, the Council may grant the licence subject to a condition that it shall be of no effect until confirmed by the Council. E+W

(2) The Council shall confirm any licence granted by virtue of the foregoing sub-paragraph if and when they are satisfied that the premises have been completed in accordance with the plans aforesaid, or in accordance with those plans as modified with the approval of the Council, and that the licence is held by a fit and proper person.

Textual Amendments

F110 Words repealed by Theatres Act 1968 (c. 54), Sch. 3

F111 Words repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3

F112 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 10

Variation of licences E+W

18 E+W The holder of a licence in respect of any premises—

(a) granted under paragraph 1 [F113 , 3A] or 4 of this Schedule or,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

Textual Amendments

F113 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 11

F114 Sch. 12 para. 18(b) repealed by Cinemas Act 1985 (c. 13, SIF 45A),ss. 24(2), Sch. 3

[F115 18A E+W The person making an application for the variation of a licence under paragraph 18 of this Schedule shall on making the application pay to the Council such reasonable fee as the Council may fix.]

Textual Amendments

F115 Sch. 12 para. 18A inserted by Greater London Council (General Powers) Act 1986 (c. iv), Pt. II s. 3

Appeals E+W

19 (1) Any of the following persons, that is to say—

(a) an applicant for—

(i) the grant, renewal or transfer of a licence in respect of any premises under paragraph 1 [F116 , 3A] or 4 of this Schedule; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(iii) the variation of the terms, conditions or restrictions on or subject to which any such licence as aforesaid is held,

whose application is refused;

(b) the holder of any such licence as aforesaid whose licence is revoked by the Council or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,

may at any time before the expiration of the period of twenty-one days beginning with the date when he is notified of the refusal of his application or revocation of his licence, or when the term, condition or restriction becomes operative with respect to his licence, as the case may be, appeal to a magistrates’ court acting for the petty sessions area in which the premises are situated; and the court may make such order as it thinks fit and, subject to the next following sub-paragraph, that order shall be binding on the Council.

(2) Any person aggrieved by the order of a magistrates’ court on an appeal under the foregoing sub-paragraph may appeal therefrom to a court of quarter sessions.

(3) Where any such licence as aforesaid is revoked under paragraph 10 (4) or 16 (2) of this Schedule or an application for the renewal of a licence under the said paragraph 1 [F116 , 3A] or 4 is refused, the licence shall be deemed to remain in force—

(a) during any period within which an appeal under this paragraph may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and

(b) where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the Council.

(4) In the case of an appeal in relation to an application of which, in accordance with paragraph 2 (1) [F118 , 3B(1)] or 5 (1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

Textual Amendments

F116 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 12(a)

F117 Sch. 12 paras. 13–16, 19(1)(a)(ii) repealed by Theatres Act 1968 (c. 54), Sch. 3

F118 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1),s. 42(2), Sch. 3 para. 12(b)

F119 Sch. 12 para. 19(5) repealed by Cinemas Act 1985 (c. 13, SIF 45A), ss. 24(2), Sch. 3

Modifications etc. (not altering text)

C7 Sch. 12 para. 19(2) amended with the substitution of a reference to the Crown Court for the reference to a court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

Valid from 01/05/1998

[F120 Interpretation] E+W

Textual Amendments

F120 Cross-heading for Sch. 12 para. 19A inserted (1.5.1998) by 1997 c. 49, s. 2(7); S.I. 1998/1009, art. 2 (with art. 3)

[F121 19A E+W In this Schedule “controlled drugs” has the same meaning as in the M20 Misuse of Drugs Act 1971.]

Textual Amendments

F121 Sch. 12 para. 19A inserted (1.5.1998) by 1997 c. 49, s. 2(7); S.I. 1998/1009, art. 2 (with art. 3)

Marginal Citations

M20 1971 c. 38.

Valid from 01/05/1998

E+W

20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

Textual Amendments

F122 Sch. 12 para. 20 repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), ss. 42(2), 49(1), Sch. 3 para. 13, Sch. 4

SCHEDULE 13 E+W

PART I E+W

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

Textual Amendments

F123 Sch. 13 Pt. I para. 1 repealed by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96(2), Sch. 6

Part II E+W

2—5. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124

Textual Amendments

F124 Sch. 13 Pt. II repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

Part III E+W

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

Textual Amendments

F125 Sch. 13 Pt. III para. 6 repealed by Slaughterhouses Act 1974 (c. 3), s. 47(2), Sch. 6

Section 62.

SCHEDULE 14 E+W Functions as from 1st April 1965 with respect to Land Drainage, Flood Prevention, etc.

1—9. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

Textual Amendments

F126 Sch. 14 (except para. 10) repealed by Land Drainage Act 1976 (c. 70, SIF 73:1), s. 117(3), Sch. 8

10 In the M21 Water Resources Act 1963, subject to any provision made by an order under section 84 of this Act—

(a) references to a county borough and the council thereof shall be construed as including references respectively to a London borough and the council thereof and [F127 the City and the Temples] and the Common Council;

(b) without prejudice to the foregoing sub-paragraphs, references to local authorities shall be construed as including references to . . . F128 , London borough councils and the Common Council;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

Textual Amendments

F127 Words substituted by S.I. 1971/1732

F128 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F129 Words repealed by Water Act 1973 (c. 37), Sch. 9

Marginal Citations

M21 1963 c. 38.

11—16. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

Textual Amendments

F130 Sch. 14 (except para. 10) repealed by Land Drainage Act 1976 (c. 70, SIF 73:1), s. 117(3), Sch. 8

Sections 44 and 63.

SCHEDULE 15 E+W Modifications as from 1st April 1965 of Rating and Valuation Enactments

Part I E+W The M22 Rating and Valuation Act 1925

Marginal Citations

M22 1925 c. 90.

1—4. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

Textual Amendments

F131 Sch. 15 Pt. I paras. 1–4, 5(2)–(4), 7–9, 11–13 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

5 (1) Section 9 (1) shall not apply to Greater London. E+W

(2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

Textual Amendments

F132 Sch. 15 Pt. I paras. 1–4, 5(2)–(4), 7–9, 11–13 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

6 E+W Section 10 (1) and (2) shall not apply to the City or the Temples.

7—9. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

Textual Amendments

F133 Sch. 15 Pt. I paras. 1–4, 5(2)–(4), 7–9, 11–13 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

10 E+W Section 54 (1) shall not apply to the City or the Temples, but—

(a) the accounts of the Common Council so far as they relate to the poor rate levied in the City; and

(b) the accounts of the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple so far as they relate to any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple, as the case may be,

shall be subject to audit by a district auditor under Part X of the M23 Local Government Act 1933.

Marginal Citations

M23 1933 c. 51.

11—13. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134

Textual Amendments

F134 Sch. 15 Pt. I paras. 1–4, 5(2)–(4), 7–9, 11–13 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

Part II E+W

14, 15. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

Textual Amendments

F135 Sch. 15 Pt. II and Pt. III paras. 16, 17 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

Part III E+W

16, 17. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

Textual Amendments

F136 Sch. 15 Pt. II and Pt. III paras. 16, 17 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

X3 18 E+W In section, 117 (8) of the Local Government Act 1929, for the words from “county borough” onwards there shall be substituted the words “rating area in which that parish or other area is situated, to be credited to that parish or other area”.

Editorial Information

X3 The text of Sch. 15 Pt. III paras. 18, 21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19, 20. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

Textual Amendments

F137 Sch. 15 Pt. III paras. 19, 20 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

X4 21 E+W In section 144(1) of the said Act of 1948, in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough”.

Editorial Information

X4 The text of Sch. 15 Pt. III paras. 18, 21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

22—26. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

Textual Amendments

F138 Sch. 15 Pt. III paras. 22–26 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

SCHEDULE 16 E+W . . . F139

Textual Amendments

F139 Sch. 16 repealed by Local Government Act 1972 (c. 70), Sch. 30

SCHEDULE 17 E+W Miscellaneous Modifications of Enactments as from 1st April 1965

X5 1 In the Highways and Locomotives (Amendment) Act 1878, in section 26, for the words from the beginning to “and” where first occurring there shall be substituted the words “The council of a county or county borough may, with respect to all or any of the highways in their county or borough, and the Greater London Council, the council of a London borough or the Common Council of the City of London may, with respect to all or any of the high-ways for which they are the highway authority, make and”.

Editorial Information

X5 The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 E+W The M24 Local Government Act 1888 shall have effect subject to the following modifications, that is to say—

(a) section 20(3) shall apply—

(i) to the Greater London Council and Greater London; and

(ii) to the council of a London borough and their borough; and

(iii) to the Common Council and [F140 the City and the Temples],

as it applies to a county council and their county; and any sums received by the Greater London Council by virtue of an Order under section 20 (3) by way of the proceeds of local taxation licence duties shall be applicable to general London purposes;

(b) any powers, duties or liabilities within the City which immediately before 1st April 1965 were by virtue of section 41 (1)(b) powers, duties or liabilities of the London county council shall become powers, duties or liabilities of the Common Council.

Textual Amendments

F140 Words substituted by S.I. 1971/1732

Marginal Citations

M24 1888 c. 41.

3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

Textual Amendments

F141 Sch. 17 para. 3 repealed by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109, 110, Sch. 7 Pt. I

X6 4 E+W In the Canals Protection (London) Act 1898, in section 7, for the words “the administrative county of London” there shall be substituted the words “Greater London”.

Editorial Information

X6 The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

Textual Amendments

F142 Sch. 17 para. 5 repealed by Local Government Act 1972 (c. 70), Sch. 30

X7 6 E+W In the Local Government Act 1929, in section 115 (7)—

(a) for the words “the county of London” there shall be substituted the words “Greater London”;

(b) for the words “metropolitan borough” in both places where “they” occur there shall be substituted the words “London borough”.

Editorial Information

X7 The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

Textual Amendments

F143 Sch. 17 para. 7 repealed by Transport (London) Act 1969 (c. 35), Sch. 6

8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

Textual Amendments

F144 Sch. 17 para. 8 repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(3), Sch. 6 Pt. I

X8 9 E+W In the Civic Restaurants Act 1947—

(a) for section I (1) (a) there shall be substituted—

“(a) in Greater London, the council of a London borough or the Common Council of the City of London;”

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

Editorial Information

X8 The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F145 Sch. 17 para. 9(b) repealed by Local Government Act 1972 (c. 70), Sch. 30

X9 10 E+W In section I (1) of the Prevention of Damage by Pests Act 1949—

(a) for the words “metropolitan boroughs” there shall be substituted the words “London boroughs”;

(b) in paragraph (b) of the proviso, after the word “county” there shall be inserted the words “or in the Greater London Council”.

Editorial Information

X9 The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X10 11 In the Rag Flock and Other Filling Materials Act 1951, in section 35, for the definition of “local authority” there shall be substituted the following— “ “local authority” means the council of a borough or of an urban or rural district or the Common Council of the City of London ”.

Editorial Information

X10 The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146

Textual Amendments

F146 Sch. 17 para. 12 repealed by Port of London Act 1964 (c. xxxvi), s. 16, Sch. 1 Pt. II

13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

Textual Amendments

F147 Sch. 17 para. 13 repealed by Local Government Act 1972 (c. 70), Sch. 30

14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

Textual Amendments

F148 Sch. 17 para. 14 repealed by Licensing Act 1964 (c. 26), Sch. 15

X11 15 In the Auxiliary Forces Act 1953, in paragraph 1 (f) of Schedule 1—

(a) sub-paragraph (i) from “including” onwards and sub-paragraph (ii) from “or, if” onwards shall be omitted;

(b) after sub-paragraph (v) there shall be inserted—

“(vi) if that area consists of or comprises the whole or any part of Greater London, a London borough or the City of London, of representatives of the Greater London Council and of the council of that borough or the Common Council, as the case may be, and, if that area consists of or comprises the whole or any part of the Inner London Education Area, of a representative of the Inner London Education Authonty in addition to representatives of the Greater London Council.”

Editorial Information

X11 The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

Textual Amendments

F149 Sch. 17 para. 16 repealed by Rent Act 1968 (c. 23), s. 117(5), Sch. 17

17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

Textual Amendments

F150 Sch. 17 paras. 17, 18(a)(b) repealed by Local Government Act 1972 (c. 70), Sch. 30

18 (a),(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151 E+W

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152

Textual Amendments

F151 Sch. 17 paras. 17, 18(a)(b) repealed by Local Government Act 1972 (c. 70), Sch. 30

F152 Sch. 17 para. 18(c) repealed by Children and Young Persons Act 1969 (c. 54), s. 72(4), Sch. 6

19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

Textual Amendments

F153 Sch. 17 para. 19 repealed by Rent Act 1968 (c. 23), s. 117(5), Sch. 17

20 E+W In the M25 Town and Country Planning Act 1959—

(a) the Greater London Council and the London borough councils shall be included among the authorities to whom Part II of that Act applies;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

Textual Amendments

F154 Sch. 17 para. 20(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

Marginal Citations

M25 1959 c. 53.

21 (1) In the M26 Caravan Sites and Control of Development Act 1960—

(a) Part I shall extend to the whole of Greater London;

X12 (b) in section 29 (1), in the definition of “local authority”, after the word “district” there shall be inserted the words “the Common Council of the City of London”.

(2) Subject to sub-paragraphs (3) and (4) of this paragraph, where in the case of any land in the area of the existing county of London a licence granted with or without conditions under section 22 of the M27 London County Council (General Powers) Act 1959 was in force in relation to that land immediately before 1st April 1965, then—

(a) until the expiration of the period of two months beginning with the date when that licence would have expired if this Act had not been passed, and

(b) if by the expiration of that period the occupier of that land has duly made an application for a site licence in respect of that land under the said Part I, but that site licence has not yet been issued, until the date when such a site licence is first issued in respect of that land,

the licence under the said section 22 shall be deemed to be a site licence under the said Part I granted for an unlimited period, but subject to the same conditions (if any) as the licence under the said section 22, by the council of the London borough in which that land is situated.

(3) Where in the case of any such land as aforesaid no occupier thereof at any time since the grant of the licence under the said section 22 has been entitled to the benefit of a permission for the use of the land as a caravan site granted under Part III of the M28 Town and Country Planning Act of 1947 M29 or of 1962 otherwise than by a development order, paragraph (b) of the last foregoing sub-paragraph shall not apply to that land but—

(a) if before the expiration of the period referred to in paragraph (a) of that sub-paragraph the occupier of the land duly makes an application for a site licence in respect of that land under the said Part I, then, so long as the conditions, if any, attached to the licence under the said section 22 are complied with, no offence shall be committed under section 1 of the said Act of 1960 in respect of the land at any time after the expiration of that period and before such a licence is first issued in respect of the land; and

(b) section 17 of the said Act of 1960 shall apply to that land as if the land were an existing site within the meaning of that Act and as if any reference in that section to the commencement of that Act were a reference to the date referred to in the said paragraph (a).

(4) Where in the case of any such land as aforesaid such permission as aforesaid for the use of that land as a caravan site has been granted in terms such that it will expire at the end of a specified period, nothing in sub-paragraph (2) of this paragraph shall cause any licence in respect of that land under the said section 22 to continue in force after the end of that period.

(5) In this paragraph, the expressions “caravan site” and “occupier” have the meanings respectively assigned by section 1 of the said Act of 1960.

Editorial Information

X12 The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M26 1960 c. 62.

M27 1959 c. lii.

M28 1947 c. 51.

M29 1962 c. 38.

X13 22 In the Factories Act 1961—

(a) in section 42(4), for the words “outside London” there shall be substituted the words “outside Greater London or in any outer London borough”;

(b) in section 46(7), for the words “the Administrative County of London” there shall be substituted the words “Greater London other than the outer London boroughs” and for the words “London County Council” there shall be sub-stituted the words “Greater London Council”.

Editorial Information

X13 The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

Textual Amendments

F155 Sch. 17 para. 23 repealed by Local Government Act 1972 (c. 70), Sch. 30

24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156

Textual Amendments

F156 Sch. 17 para. 24 repealed by Licensing Act 1964 (c. 26), Sch. 15

X14 25 E+W In the Trustee Investments Act 1961—,

(a) in section 11(4)(a), after the word “London” there shall be inserted the words “the Greater London Council” ; and

(b) in paragraph 4 of Part IV of Schedule 1, in the definition of “local authority”, after the word “London” there shall be inserted the words “the Greater London Council”.

Editorial Information

X14 The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

26 In the M30 Transport Act 1962—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

(b) in section 87, any reference to the administrative county of London shall be construed as a reference to Greater London other than the outer London boroughs, and in subsection (1) thereof, except in relation to proposals submitted thereunder to the Minister before 1st April 1965, the reference to the London county council shall be construed as a reference to the Greater London Council;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

Textual Amendments

F157 Sch. 17 para. 26(a)(c) repealed by Transport (London) Act 1969 (c. 35), Sch. 6

Marginal Citations

M30 1962 c. 46.

27 E+W In the Local Government (Records) Act 1962—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F158

X15 (b) in section 8 (1), in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough” and after the words “county district” there shall be inserted the words “or the Greater London Council”.

Editorial Information

X15 The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F158 Sch. 17 para. 27(a) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

28 E+W In the Betting, Gaming and Lotteries Act 1963—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160

(c) in paragraph 2 of Schedule 1, paragraphs . . . F161 6 of Schedule 3, paragraph 9(a) of Schedule 6, and paragraph 1 (2) (a) of Schedule 7, for the words “metropolitan borough” wherever these words occur there shall be substituted the words “London Borough”.

Textual Amendments

F159 Sch. 17 para. 28(a) repealed by Local Government Act 1972 (c. 70), Sch. 30

F160 Sch. 17 para. 28(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F161 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162

Textual Amendments

F162 Sch. 17 para. 29 and Sch. 18 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

SCHEDULE 18 E+W . . . F163

Textual Amendments

F163 Sch. 17 para. 29 and Sch. 18 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI